Who would get custody of a baby if both biological parents are deceased with no stated will (US)?

7rin

It'd depend on who WANTS to help raise the child to start with.

Personally, I'd rather have someone I was genetically related to raise me than someone with whom I've got no genetic connection (so in your example, I'd rather get raised by the (don't care how) distant relative of the biological mom, than the entirely unconnected spouse of the dad). Then again, I've had to do the growing up without the genetic mirroring because of being adopted, and so that's why I'd select some relative rather than no relative.

kitta

The courts would decide which of the kin would be the best placement for the baby. The father's spouse is not considered 'kin." She would have no actual legal relationship to the child and no blood relationship to the child.

She would be far down on the list, and probably not even in the position to apply.

But, because paternity was established, the father's blood relatives would be able to apply for placement, as would the blood relatives of the mother, and most likely the courts would choose who appeared to provide the home which was "in the child's best interest."

Randy Thrasher

I wouldnt say the fathers spouse would get it automatically, although i would imagine she could apply for adoption if she wanted to.

I dare say the child would then go to it's closest living blood relative.

There is always a lot more to these sort of things than the info youve given. It can boil down to who wants the child or not. The Court would make an Order of some kind as to who would be the childs Guardian.

Im from the UK though so things might be a little different in the US although i imagine the principles are the same

LindseyTaylor

If the child is 3 months old when did the father get married? Either they were newlyweds or somebody was messing around!

Seeing as the wife of the father has no biological or legal ties to the child, and it could not be argued that they have a relationship (could be argued by some step parents that have been in the picture for years...) as the child is so young I see absolutely no reason why she would have any rights or be a guardian.

The state would look for the closest family. If none could be located the child would go into the custody of the state and CPS. With the child being so young the chances of him/her being adopted would be very high.

Cup of sherry

my parents did die when I was 5 months old. My grandmother (mother's mother) took me until her health caused my aunt to step in and she put me in a children's home. She finally allowed someone to adopt me at 13.
As for my father's family, I don't know why on step up there.

jm1970

The child would go to next of kin, the closet and most appropriate relative of the child. The father's spouse may be considered as the step parent if she was willing, had a relationship with the child, and there was not a closer relative who wanted the child.

cricketlady

the child would go directly to the Dept of Children and Family services and be placed in foster care until a suitable relative could be located. If the relative can not pass all the background checks--the same as a foster parent does then the child will stay with his foster parents and eventually be adopted by them.

Stuart H

I live in South Carolina, in this state the child would go into a state agency called Child Protective Services and be placed in foster care. The situation would be investigated by family court and the child placed with the nearest living blood relative in most cases.

Kyrin

The above is right. If the father was found to be the closest relative his spouse would NOT automatically get the baby though. The spouse would have to go through the adopt rights to get the baby as their own.

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